Wednesday, February 27, 2013

The
federal government provides grants for voluntary family planning services
through the Family Planning Program, Title X of the Public Health Service
Act (42 U.S.C. §§300 to 300a-6). Enacted in 1970, it is the only domestic
federal program devoted solely to family planning and related preventive
health services. In 2011, Title X-funded clinics served more than 5 million clients.

Title X is administered through the Office of Population Affairs (OPA) in the
Department of Health and Human Services (HHS). Although the authorization
of appropriations for Title X ended with FY1985, funding for the program
has continued through appropriations bills for the Departments of Labor,
Health and Human Services, and Education, and Related Agencies (Labor- HHS-Education).

FY2012 funding for Title X was $294 million, 2% less than the FY2011 funding
level of $299 million. The Consolidated Appropriations Act, 2012 (P.L.
112-74) continued previous years’ requirements that Title X funds not be
spent on abortions, that all pregnancy counseling be nondirective, and
that funds not be spent on promoting or opposing any legislative proposal or candidate
for public office. Grantees continued to be required to certify that they
encourage “family participation” when minors seek family planning
services, and certify that they counsel minors on how to resist attempted
coercion into sexual activity. The law also clarified that family planning
providers are not exempt from state notification and reporting laws on child
abuse, child molestation, sexual abuse, rape, or incest.

The President’s FY2013 Budget requests $297 million for Title X, 1% more than
the FY2012 funding level. The Senate-reported FY2013 Labor-HHS-Education
Appropriations bill would provide $294 million. The draft appropriations
bill approved by the House Appropriations Subcommittee on Labor, Health
and Human Services, Education, and Related Agencies would provide zero
funding for Title X in FY2013. Continuing Appropriations Resolution, 2013 (P.L. 112-175)
funds Title X through March 27, 2013, under the same authority and conditions
as in FY2012, at an annualized level of $297 million (though the amount
may change depending on various factors, such as potential sequestration).

The law (42 U.S.C. §300a-6) prohibits the use of Title X funds in programs
where abortion is a method of family planning. According to OPA, family
planning projects that receive Title X funds are closely monitored to
ensure that federal funds are used appropriately and that funds are not used
for prohibited activities such as abortion. The prohibition on abortion does
not apply to all the activities of a Title X grantee, but only to
activities that are part of the Title X project. A grantee’s abortion
activities must be “separate and distinct” from the Title X project activities.

Two bills addressing Title X have been introduced in the 113th Congress. H.R. 61 and H.R. 217 would prohibit Title X grants
to entities that perform abortions, with exceptions for rape, incest, and
certain physician-certified cases where the woman is “in danger of death unless
an abortion is performed.”

Date of Report: January 23, 2013
Number of Pages: 28Order Number: RL33644Price: $29.95

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